By Melissa Leu   Illinois Statehouse News

 

SPRINGFIELD — Concealed-carry supporters might have more to worry about than just rounding up votes to move the proposal forward in the General Assembly.

A legal technicality respecting home rule may require legislation that allows people to carry concealed firearms to be passed with a three-fifths majority vote instead of a simple majority of 60 voted. For sponsors and lobbyists, that might mean they will have to round up 11 more votes than previously thought.

 

Home rule allows for municipalities to enforce regulations stricter than state law, and usually applies to taxing and public-safety powers.

 

Todd Vandermyde, of the National Rifle Association, said that no municipality should be able to overtake an individual’s constitutional right to carry arms.

“We've seen municipalities like Chicago try to abuse that power. They had a handgun ban for 30 years until the court said no. Now they want to put a $250 tax on your ability to use that right," Vandermyde said.

 

In 2008, the Supreme Court ruled in a landmark case that upheld a person’s right to have firearms in Washington, D.C. The case paved the way for the MacDonald v. Chicago ruling last year that struck down a Chicago law that banned handguns in the city.

 

Ashley Niebur, attorney for Illinois Municipal League, said House Bill 148 — the plan being considered — deals specifically with a part of Illinois law that favors home rule.

“We're looking at just that subsection, and there's not the requirement for the three-fifths (majority). Now, maybe that's arguable, but that's not my call,” Niebur said.

 

Under the Illinois Constitution, the General Assembly can override home rule with a three-fifths majority, but some argue that it will paint strokes too broad for cities like Chicago and Oak Park.

“Local municipalities know their population better,” said Mark Walsh, campaign director for Illinois Campaign to Prevent Gun Violence.

 

Steve Brown, spokesman for House Speaker Michael Madigan, D- Chicago, said if brought to the floor, parliamentarians, including Madigan, would decide how many votes the measure will need to pass.

 

“In past sessions, bills that dealt with gun safety that prevented local municipalities, home rule municipalities, from enacting strong gun safety laws required 71 votes,” said Brown, noting that Madigan hasn’t usually supported efforts for concealed carry laws.

 

Donald Moran, president of Illinois State Rifle Association,  was confident the proposal has enough votes to win passage.

 

"If we pass with a supermajority, that's enough to override a veto from the governor, so we'll see how it goes,” Moran said.

 

But a growing speculation that Gov. Pat Quinn may veto the measure might force supporters to start all over again.